Does the new section 834 of the California Criminal Code require a person to refrain from using force or a weapon to resist arrest?

It is apparent from its language that the new section requires a person who is being arrested to refrain from using force, whether the arrest is lawful or unlawful. Accordingly, it has been held in a prosecution for resisting arrest that it was not error to refuse an instruction that a person may reasonably resist an unlawful arrest, and to instruct instead in the language of section 834a that it is the duty of a person having knowledge that he is being arrested by a peace officer to refrain from using force or a weapon to resist such arrest. (People v. Burns, 198 Cal.App.2d Supp. 839, 18 Cal.Rptr. 921.)

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